Division 21. Towing Regulations

For the purpose of this Division the following words and phrases shall have the meanings respectively ascribed to them by this Section.

Except as provided in Section 5-266 of this Division, it shall be unlawful for any person to provide a towing service in Prince George's County, Maryland, without first having obtained a license from the Department.

Each license shall be renewed on an annual basis.

A person who provides a towing service in Prince George's County without a license is guilty of a misdemeanor and on conviction is subject to a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment not to exceed six (6) months, or both.

Any tow truck providing towing services without a license shall be subject to impoundment in accordance with regulations issued by the Director and may only be retrieved upon presentation to the Department of proof of license and/or payment of a fine of Five Thousand Dollars ($5,000.00).

The provisions of this Division shall not apply to the following:

Application for a towing service license shall be made upon a form prescribed by the Director.

In addition to such other information as the Director may reasonably deem necessary for purposes of the implementation, administration, and enforcement of this Subtitle, the application shall state the following:

Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant if the applicant is an individual; or if the applicant is a partnership or corporation, the signature shall be that of an officer or partner or designated agent thereof.

The Director shall issue regulations specifying the prerequisites, qualifications and procedure for the issuance of two categories of license to provide towing services in the County.

The annual license fee for each category of license shall be as follows:

Each licensee shall be assigned a license number which shall be displayed on each licensed tow truck in accordance with subsection (g) of this section or the regulations issued by the Director.

Each tow truck operating under a license shall be assigned a tow truck medallion number, which must be displayed on the tow truck in accordance with subsection (g) of this section or the regulations issued by the Director. A licensee shall be subject to a truck fee of twenty-five dollars ($25.00) per tow truck medallion issued by the Director.

The Department is authorized to conduct an investigation prior to issuing a towing license as it deems necessary to determine the applicant's qualifications for each license, ability to engage in the licensed activity without detriment to the public and compliance with the regulations issued by the Director. The investigation shall include a determination of whether there is adequate storage and/or repair facilities at the locations specified on the application. Each storage facility listed on the application shall be in a place that is properly zoned for that use, allow entry and exit in a fashion not to jeopardize the safety of any operator or vehicle, and be readily available for the recovery of towed motor vehicles in a safe manner. The Director shall also provide for the inspection of licensed tow trucks to determine whether the towing apparatus is safe and capable of providing towing services.

The license issued under this Division shall be prominently displayed at the licensee's established place of business. In case of loss, mutilation or destruction of a license, a duplicate may be issued at a cost of twenty-five dollars ($25.00) per license.

Each tow truck shall have permanent signs or markings on both sides of the vehicle, in a color that contrasts with the color of the body paint and in letters not less than three (3) inches in height, the name, telephone number, and license number of the licensee for that tow truck. Each tow truck shall also display on the driver side fender a tow truck medallion number issued by the Department that contains the license number of the licensee for that tow truck.

The licensee shall file with the Director a towing service price list. The licensee shall not make any changes in the towing service price list without first submitting revised price lists with the Director.

Before providing any consensual towing service, each tow truck operator shall inform the owner or operator of the motor vehicle or the owner's representative of the towing service charges and provide an itemized Towing Service Work Order Statement, except no Towing Service Work Order Statement shall be required where the owner or operator of the motor vehicle or the owner's representative is not reasonably available or otherwise consents to the tow. In addition to such items as the Director deems appropriate by regulation, each Towing Service Work Order Statement shall contain the following:

Upon payment of any fees for towing services, the tow truck operator shall sign and deliver a receipt for any payment to the owner and/or operator of the motor vehicle. The receipt shall be signed in a legible manner and be accompanied with a printed signature or a tow company issued employee identification number, as well as the license number of the towing company and the tow truck medallion number of the tow truck providing the towing service.

The motor vehicle shall be moved to the licensee's storage or repair facility within Prince George's County unless directed otherwise by the Police Department or the owner of the vehicle, or the owner's authorized agent. The storage or repair facility shall not under any circumstances be any area other than his established place of business as designated in the license issued by the Department of Environmental Resources. Supplementary or overflow storage shall require separate offices, must be within Prince George's County and comply with all applicable zoning requirements. Any motor vehicle so moved shall only be stored and no work shall be done on such motor vehicle without the consent of the owner or operator. Storage charges may only commence eighteen (18) hours after the motor vehicle is towed.

Each towing company licensed under the provisions of this Division shall be required to maintain a daily towing log. Such daily towing log shall be maintained by the licensee for one (1) year. The daily towing log shall include the following:

Each towing company licensed under the provisions of this Division shall be required to make available for inspection by the Department of Environmental Resources or the Police Department such daily towing log as provided for in Subsection (l), above, and shall make available for inspection by the Police Department those motor vehicles so listed in the daily towing log which have been impounded or stored upon the storage or repair facility of the towing company.

Each towing company licensed under the provisions of this Division which provides towing services shall have personnel present at its storage yard at all times when towing services are available for the purpose of releasing vehicles impounded pursuant to State or County law.

Each person obtaining a towing license under the provisions of this Division shall forthwith file with the Department of Environmental Resources a copy of his insurance policy or a certificate of insurance demonstrating coverage for losses sustained by the owner of any motor vehicle due to negligence occurring during the time that the vehicle is in the custody of the towing service.

Each person who registers a tow truck under Section 13-920 of the Transportation Article of the Maryland Annotated Code shall obtain commercial liability insurance in the amount of at least One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per occurrence of bodily injury liability, and One Hundred Thousand Dollars ($100,000.00) per occurrence property damage liability. In addition, each person shall provide proof of insurance for cargo, unhook and garageman operations as required by State law. Each person obtaining a towing license under the provisions of this Division shall also list Prince George's County as an additional insured.

Each licensee shall also maintain worker's compensation coverage for the operators of it tow trucks.

It shall be unlawful for any towing company or tow truck operator licensed under the provisions of this Division to move, tow, or store any motor vehicle to a place more than fifteen (15) miles from the place of removal or to a location outside of Prince George's County without the consent of the owner, operator, insurer or primary lienholder.

It shall be unlawful for any towing company or tow truck operator by any statement or action, to make any false representation to the effect that such person conducting the towing service represents or is approved by any organization which provides emergency road service for motor vehicles, or to make false representation as to the name of the towing company.

It shall be unlawful for any towing company or tow truck operator at the scene of an accident or breakdown to require the execution of an agreement to have repair work performed as a condition to providing towing service.

It shall be unlawful for any tow truck operator to furnish any towing service at the scene of an accident or breakdown unless he has been authorized or called to such scene by the owner or operator of the motor vehicle or by a member of the Police Department. The Police Department shall only contract and use towing companies licensed by the Department. If the tow is at the request of the Police Department, the motor vehicle shall be removed by the towing company so called by the Police Department. In all cases of Police Department requested tows, the Police Officer requesting the towing service shall affix a sticker to the upper left-hand corner, rear window, of the motor vehicle designating the name of the towing service called to the scene of the accident or breakdown. Any violation of this Section by the towing company or tow truck operator shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding Five Thousand Dollars ($5,000) or imprisonment not to exceed six (6) months, or both for each offense.

The Director is hereby authorized to deny, suspend, revoke, or refuse to renew any licenses issued under this Division if the Director finds that:

No license shall be denied, suspended, revoked, or not renewed hereunder without the Director first notifying, in writing, the licensee and its resident agent, and providing the reasons for said denial, suspension, revocation or refusal to renew a license. The written notice shall be served by delivery of said notice to all parties by registered or certified mail. Any party aggrieved by a decision or action of the Director shall have the right to request a hearing within ten (10) calendar days after the date of such decision or action. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify the licensee to the proceeding and its resident agent in writing of the date, time and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by the delivery of the notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a final decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail.

The Director may deny, suspend, revoke, or refuse to renew any license issued under this Division for a period of time determined by the Director to be just and reasonable in relation to the severity of the violations found to exist under this Section. If a license has been denied, revoked, or not renewed, the applicant shall not be eligible to apply for another license for a period of twelve (12) months after the date on which the Director rendered a denial, revocation or refusal to renew decision.

Any party aggrieved by a final decision of the Director with respect to the denial, suspension, revocation, or refusal to renew a license shall have the right to appeal any such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after receipt of a denial, suspension, revocation or refusal to renew decision rendered by the Director. Appeals to the Board of Appeals from denial, suspension, revocation, or refusal to renew decision of the Director shall be on the record of the hearing before the Director. The Board may only reverse, modify, or remand the decision of the Director only if the decision of the Director is clearly erroneous, illegal, arbitrary or capricious, or unsupported by any substantial evidence. The Board shall not have the authority to issue an order which is in conflict with a lawful order of the Director, the requirements and provisions of this Division, federal or State law. The Board of Appeals shall render a final decision within forty (40) calendar days after receiving the notice of appeal.

Any party aggrieved by a final decision by the Board of Appeals, including the Director, shall be entitled to file an appeal within thirty (30) days to the Circuit Court for Prince George's County, Maryland. Such appeals shall be governed by the provisions of the Maryland Rules pertaining to administrative appeals.